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YOU WERE ALSO EMPLOYED BY THE BUREAU OF INTERNAL REVENUE. THE COMPENSATION RECEIVED FROM ONE OF THE POSITIONS DURING THE PERIOD WAS OFFSET AGAINST YOUR RETIREMENT ACCOUNT. YOU NOW CONTEND THAT YOU ARE ENTITLED TO BE COMPENSATED FOR THE LEAVE REFERRED TO ABOVE SINCE IT WAS NEVER TAKEN. LEAVE WAS EARNED IN 1920 IN ACCORDANCE WITH SECTION 5 OF THE ACT OF MARCH 3. SUCH LEAVE DID NOT ACCUMULATE AND EXTEND INTO THE NEXT YEAR BUT WAS LOST IF NOT TAKEN DURING THE YEAR IN WHICH EARNED. 25 COMP. THE LEAVE EARNED BY YOU DURING 1920 WHICH WAS NOT USED BY THE CLOSE OF THE YEAR WAS THEREFORE LOST AND THERE IS NO AUTHORITY FOR PAYING YOU FOR SUCH LEAVE. YOUR CLAIM IS DENIED. THIS MATTER WAS BEEN THE SUBJECT OF CONSIDERABLE CORRESPONDENCE BETWEEN US OVER THE PAST THREE YEARS.

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B-115954, APR. 5, 1956

TO MR. CHARLES R. GODDARD:

YOUR LETTER OF MARCH 24, 1956, PRESENTS A CLAIM FOR LEAVE EARNED BUT NOT TAKEN. IT APPEARS THAT DURING THE PERIOD SEPTEMBER 21, 1920, TO OCTOBER 7, 1920, WHILE ON ANNUAL LEAVE FROM THE GENERAL LAND OFFICE, INTERIOR DEPARTMENT, YOU WERE ALSO EMPLOYED BY THE BUREAU OF INTERNAL REVENUE. UPON YOUR RETIREMENT, SUCH DUAL EMPLOYMENT BEING IN CONTRAVENTION OF THE ACT OF MAY 10, 1916 (5 U.S.C. 58), THE COMPENSATION RECEIVED FROM ONE OF THE POSITIONS DURING THE PERIOD WAS OFFSET AGAINST YOUR RETIREMENT ACCOUNT. YOU NOW CONTEND THAT YOU ARE ENTITLED TO BE COMPENSATED FOR THE LEAVE REFERRED TO ABOVE SINCE IT WAS NEVER TAKEN.

LEAVE WAS EARNED IN 1920 IN ACCORDANCE WITH SECTION 5 OF THE ACT OF MARCH 3, 1893, 27 STAT. 715, AS AMENDED, WHICH AUTHORIZED THE HEAD OF ANY DEPARTMENT TO GRANT 30 DAYS' ANNUAL LEAVE "IN ANY ONE YEAR.' SUCH LEAVE DID NOT ACCUMULATE AND EXTEND INTO THE NEXT YEAR BUT WAS LOST IF NOT TAKEN DURING THE YEAR IN WHICH EARNED. 25 COMP. DEC. 757. THE LEAVE EARNED BY YOU DURING 1920 WHICH WAS NOT USED BY THE CLOSE OF THE YEAR WAS THEREFORE LOST AND THERE IS NO AUTHORITY FOR PAYING YOU FOR SUCH LEAVE. ACCORDINGLY, YOUR CLAIM IS DENIED.

THIS MATTER WAS BEEN THE SUBJECT OF CONSIDERABLE CORRESPONDENCE BETWEEN US OVER THE PAST THREE YEARS. EVERY POSSIBLE BASIS FOR PAYING YOUR CLAIM WAS BEEN CAREFULLY CONSIDERED AND FOUND TO BE LEGALLY INSUFFICIENT. FURTHER DISCUSSION OF THE MATTER WOULD SERVE NO USEFUL PURPOSE. WE MUST ADVISE YOU, THEREFORE, THAT ANY ADDITIONAL CORRESPONDENCE FROM YOU ON THE MATTER WILL NOT BE ..END :

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